[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 114th Congress]
[114th Congress]
[House Document 113-181]
[Legislate Procedures Enacted in Law]
[Pages 1129-1135]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

              1. Executive Reorganization [5 U.S.C. 902-12]


                          Sec. 902. definitions

  For the purpose of this chapter--

          (1) ``agency'' means--

                  (A) an Executive agency or part thereof; and

                  (B) an office or officer in the executive branch;

        but does include the Government Accountability Office or the 


[[Page 1130]]

        Comptroller General of the United States;

          (2) ``reorganization'' means a transfer, consolidation, 

        coordination, authorization, or abolition, referred to in 

        section 903 of this title; and

          (3) ``officer'' is not limited by section 2104 of this title.


                                                            Sec. 1130(1)


                     Sec. 903. reorganization plans

  (a) Whenever the President, after investigation, finds that changes in 
the organization of agencies are necessary to carry out any policy set 
forth in section 901(a) of this title, he shall prepare a reorganization 
plan specifying the reorganizations he finds are necessary. Any plan may 
provide for--

          (1) the transfer of the whole or a part of an agency, or of 

        the whole or a part of the functions thereof, to the 

        jurisdiction and control of another agency;

          (2) the abolition of all or a part of the functions of an 

        agency, except that no enforcement function or statutory program 

        shall be abolished by the plan;

          (3) the consolidation or coordination of the whole or a part 

        of an agency, or of the whole part of the functions thereof, 

        with the whole or a part of another agency or the functions 

        thereof;

          (4) the consolidation or coordination of a part of an agency 

        or the functions thereof with another part of the same agency or 

        the functions thereof;

          (5) the authorization of an officer to delegate any of his 

        functions; or

          (6) the abolition of the whole or a part of an agency which 

        agency or part does not have, or on the taking effect of the 

        reorganization plan will not have, any functions.
The President shall transmit the plan (bearing an identification number) 
to the Congress together with a declaration that, with respect to each 
reorganization included in the plan, he has found that the 
reorganization is necessary to carry out any policy set forth in section 
901(a) of this title.


[[Page 1131]]

exercise of the function. The message shall also estimate any reduction 
or increase in expenditures (itemized so far as practicable), and 
describe any improvements in management, delivery of Federal services, 
execution of the laws, and increases in efficiency of Government 
operations, which it is expected will be realized as a result of the 
reorganizations included in the plan. In addition, the President's 
message shall include an implementation section which shall (1) describe 
in detail (A) the actions necessary or planned to complete the 
reorganization, (B) the anticipated nature and substance of any orders, 
directives, and other administrative and operational actions which are 
expected to be required for completing or implementing the 
reorganization, and (C) any preliminary actions which have been taken in 
the implementation process, and (2) contain a projected timetable for 
completion of the implementation process. The President shall also 
submit such further background or other information as the Congress may 
require for its consideration of the plan.
  (b) The President shall have a reorganization plan delivered to both 
Houses on the same day and to each House while it is in session, except 
that no more than three plans may be pending before the Congress at one 
time. In his message transmitting a reorganization plan, the President 
shall specify with respect to each abolition of a function included in 
the plan the statutory authority for the


  (c) Any time during the period of 60 calendar days of continuous 
session of Congress after the date on which the plan is transmitted to 
it, but before any resolution described in section 909 has been ordered 
reported in either House, the President may make amendments or 
modifications to the plan, consistent with sections 903-905 of this 
title, which modifications or revisions shall thereafter be treated as a 
part of the reorganization plan originally transmitted and shall not 
affect in any way the time limits otherwise provided for in this 
chapter. The President may withdraw the plan any time prior to the 
conclusion of 90 calendar days of continuous session of Congress 
following the date on which the plan is submitted to Congress.


                                  * * *


                     Sec. 905. limitations on powers

  (a) A reorganization plan may not provide for, and a reorganization 
under this chapter may not have the effect of--

          (1) creating a new executive department or renaming an 

        existing executive department, abolishing or transferring an 

        executive department or independent regulatory agency, or all 

        the functions thereof, or consolidating two or more executive 


[[Page 1132]]

        departments or two

        or more independent regulatory agencies, or all the functions 

        thereof;

          (2) continuing an agency beyond the period authorized by law 

        for its existence or beyond the time when it would have 

        terminated if the reorganization had not been made;

          (3) continuing a function beyond the period authorized by law 

        for its exercise or beyond the time when it would have 

        terminated if the reorganization had not been made;

          (4) authorizing an agency to exercise a function which is not 

        expressly authorized by law at the time the plan is transmitted 

        to Congress;

          (5) creating a new agency which is not a component or part of 

        an existing executive department or independent agency;

          (6) increasing the term of an office beyond that provided by 

        law for the office; or

          (7) dealing with more than one logically consistent subject 

        matter.


  (b) A provision contained in a reorganization plan may take effect 
only if the plan in transmitted to Congress (in accordance with section 
903(b) of this chapter) on or before December 31, 1984.


    Sec. 906. effective date and publication of reorganization plans

  (a) Except as provided under subsection (c) of this section, a 
reorganization plan shall be effective upon approval by the President of 
a resolution (as defined in section 909) with respect to such plan, if 
such resolution is passed by the House of Representatives and the 
Senate, within the first period of 90 calendar days of continuous 
session of Congress after the date on which the plan is transmitted to 
Congress. Failure of either House to act upon such resolution by the end 
of such period shall be the same as disapproval of the resolution.

  (b) For the purpose of this chapter--

          (1) continuity of session is broken only by an adjournment of 

        Congress sine die; and

          (2) the days on which either House is not in session because 

        of an adjournment of more than three days to a day certain are 

        excluded in the computation of any period of time in which 


[[Page 1133]]

        Congress is in continuous session.

  (c) Under provisions contained in a reorganization plan, any provision 
thereof may be effective at a time later than the date on which the plan 
otherwise is effective.


  (d) A reorganization plan which is effective shall be printed (1) in 
the Statutes at Large in the same volume as the public laws and (2) in 
the Federal Register.


Sec. 908. rules of senate and house of representatives on reorganization 
                                  * * *


                                  plans

  Sections 909 through 912 of this title are enacted by Congress--

          (1) as an exercise of the rulemaking power of the Senate and 

        the House of Representatives, respectively, and as such they are 

        deemed a part of the rules of each House, respectively, but 

        applicable only with respect to the procedure to be followed in 

        that House in the case of resolutions with respect to any 

        reorganization plans transmitted to Congress (in accordance with 

        section 903(b) of this chapter) on or before December 31, 1984; 

        and they supersede other rules only to the extent that they are 

        inconsistent therewith; and

          (2) with full recognition of the constitutional right of 

        either House to change the rules (so far as relating to the 

        procedure of that House) at any time, in the same manner and to 


        the same extent as in the case of any other rule of that House.


                      Sec. 909. terms of resolution



[[Page 1134]]



  For the purpose of sections 908 through 912 of this title, 
``resolution'' means only a joint resolution of the Congress, the matter 
after the resolving clause of which is as follows: ``That the ___ 
Congress approves the reorganization plan numbered _ transmitted to the 
Congress by the President on ___, 19_.'', and includes such 
modifications and revisions as submitted by the President under section 
903(c) of this chapter. The blank spaces therein are to be filled 
appropriately. The term does not include a resolution which specifies 
more than one reorganization plan.


           Sec. 910. introduction and reference of resolution

  (a) No later than the first day of session following the day on which 
a reorganization plan is transmitted to the House of Representatives and 
the Senate under section 903, a resolution, as defined in section 909, 
shall be introduced (by request) in the House by the chairman of the 
Committee on Government Reform of the House, or by a Member of Members 
of the House designated by such chairman; and shall be introduced (by 
request) in the Senate by the chairman of the Governmental Affairs 
Committee of the Senate, or by a Member or Members of the Senate 
designated by such chairman.


  (b) A resolution with respect to a reorganization plan shall be 
referred to the Committee on Governmental Affairs of the Senate and the 
Committee on Government Reform of the House (and all resolutions with 
respect to the same plan shall be referred to the same committee) by the 
President of the Senate or the Speaker of the House of Representatives, 
as the case may be. The committee shall make its recommendations to the 
House of Representatives or the Senate, respectively, within 75 calendar 
days of continuous session of Congress following the date of such 
resolution's introduction.


         Sec. 911. discharge of committee considering resolution


Sec. 912. procedure after report or discharge of committee; debate; vote 
  If the committee to which is referred a resolution introduced pursuant 
to subsection (a) of section 910 (or, in the absence of such a 
resolution, the first resolution introduced with respect to the same 
reorganization plan) has not reported such resolution or identical 
resolution at the end of 75 calendar days of continuous session of 
Congress after its introduction, such committee shall be deemed to be 
discharged from further consideration of such resolution and such 
resolution shall be placed on the appropriate calendar of the House 
involved.


                            on final passage


[[Page 1135]]

though a previous motion to the same effect has been disagreed to) for 
any Member of the respective House to move to proceed to the 
consideration of the resolution. The motion is highly privileged and is 
not debatable. The motion shall not be subject to amendment, or to a 
motion to postpone, or a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the motion is agreed 
to or disagreed to shall not be in order. If a motion to proceed to the 
consideration of the resolution is agreed to, the resolution shall 
remain the unfinished business of the respective House until disposed 
of.
  (a) When the committee has reported, or has been deemed to be 
discharged (under section 911) from further consideration of, a 
resolution with respect to a reorganization plan, it is at any time 
thereafter in order (even

  (b) Debate on the resolution, and on all debatable motions and appeals 
in connection therewith, shall be limited to not more than ten hours, 
which shall be divided equally between individuals favoring and 
individuals opposing the resolution. A motion further to limit debate is 
in order and not debatable. An amendment to, or a motion to postpone, or 
a motion to proceed to the consideration of other business, or a motion 
to recommit the resolution is not in order. A motion to reconsider the 
vote by which the resolution is passed or rejected shall not be in 
order.

  (c) Immediately following the conclusion of the debate on the 
resolution with respect to a reorganization plan, and a single quorum 
call at the conclusion of the debate if requested in accordance with the 
rules of the appropriate House, the vote on final passage of the 
resolution shall occur.

  (d) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution with 
respect to a reorganization plan shall be decided without debate.

  (e) If, prior to the passage by one House of a resolution of that 
House, that House receives a resolution with respect to the same 
reorganization plan from the other House, then--

          (1) the procedure in that House shall be the same as if no 

        resolution had been received from the other House; but

          (2) the vote on final passage shall be on the resolution of 


        the other House.



  Section 905(b) was amended by Public Law 98-614 to terminate the 
authority of the President to submit reorganization plans under this 
statute on December 31, 1984. These provisions are carried in this 
compilation because other Acts have incorporated their procedures by 
reference.